People ex rel. Jackson v. McGinnis

—Appeal from a judgment of the Supreme Court (Ellison, J.), entered May 27, 1997 in Chemung County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner, an inmate at Southport Correctional Facility in Chemung County, commenced this habeas corpus proceeding contending, inter alia, that his conviction after retrial of the crimes of burglary in the third degree and criminal mischief in the third degree violated the constitutional prohibition against double jeopardy. Supreme Court dismissed the application…